A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
It is not surprising that these "safeguards" proved as futile in
Alabama as elsewhere. The obtaining of divorces was facilitated
rather than hindered. The number annually granted mounts apace.
In 1822 the record is not yet formidable, but the session laws
show twenty-three cases in 1843, twenty-four in the next year, and
not less than sixty-seven in 1849-50.[153] So it seemed necessary
to appeal to organic law for a remedy. The constitution of 1865
therefore declares that absolute divorces shall only be granted by
a suit in chancery; and that decrees in chancery "shall be final,
unless appealed from in the manner prescribed by law, within three
months" from the date of their enrolment. This section is repeated
in the constitution of 1867; but in that of 1875 a different
provision appears. "No special or local law," it is now declared,
"shall be enacted for the benefit of individuals or corporations in
cases which are or can be provided for by a general law, or where
the relief sought can be given by any court" in the state.[154] From
the terms of this section it may be inferred that in exceptional
cases resort might still be had to the assembly. Accordingly, in
1883, by legislative decree, we find that Claudia Shaw, of Macon
county, was released from the conjugal bond and constituted a _feme
sole_ for all purposes whatsoever.[155]
[153] For these examples see _Digest_ (1823), 256-58 (those of
1821-22); _Acts_ (1843), 143-47; _Acts_ (1843-44), 210; _Acts_
(1849-50), 517.
[154] _Cf._ Const. of 1865, Art. IV, sec. 30; that of 1867,
Art. IV, sec. 30; and that of 1875, Art. IV, sec. 23: POORE,
_Charters_, I, 53, 65, 81.
[155] _Acts_ (1882-83), 587.
The history of American lawmaking in Louisiana opens with two
divorce decrees passed by the legislative council of the Territory
of Orleans. By the first of these acts, dated January 23, 1805, and
signed by Governor Claiborne, the marriage of Captain James Stille
and Lydia his wife is dissolved and each is "fully authorized" to
"contract in matrimony" again whenever to either it "may seem
right." This separation is allowed "in consequence of an unhappy
disagreement, resulting from circumstances of an afflicting
nature," which had prevented the couple from "enjoying that harmony
and domestic happiness which the conjugal state was designed to
produce," and leading them soon after the marriage "to resolve upon
and stipulate for a complete and perpetual separation."[156]
[156] _Acts Passed at the First Session of the Leg. Council of
the Ter. of Orleans_ (1805), 454-56. On May 1, 1805, a divorce
was granted to James Elliot and Sophia his wife: _ibid._, 456-58.
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